[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49126-49128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21159]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]


FM Approvals LLC: Grant of Expansion of Recognition and 
Modification to the Nationally Recognized Testing Laboratory (NRTL) 
Program's List of Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand 
the scope of recognition for FM Approvals, LLC (FM), as a NRTL to 
include twenty six additional test standards. In addition, OSHA 
announces the addition of four test standards to the NRTL Program's 
List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes applicable on 
September 28, 2018.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, telephone: (202) 693-1999, email: 
[email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor; telephone: 
(202) 693-2110 or email: [email protected]. OSHA's web page 
includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of FM Approvals, LLC, as a NRTL. FM's expansion covers the 
addition of 24 test standards to its scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets 
the requirements specified by 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within its 
scope of recognition and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    The agency processes applications by a NRTL for initial 
recognition, or for expansion or renewal of this recognition, following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides a preliminary finding and, in the second 
notice, the agency provides the final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. OSHA maintains an informational web page 
for each NRTL that details its scope of recognition. These pages are 
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    FM submitted an application, dated July 15, 2016, (OSHA-2007-0041-
0008) to expand its recognition to include 28 additional test 
standards. OSHA staff performed a detailed analysis of the application 
packet and reviewed other pertinent information. In reviewing the 
application, OSHA determined that three of the requested standards had 
been withdrawn by the controlling standards development organization; 
therefore, OSHA cannot add those three standards to FM's NRTL scope of 
recognition. Additionally, one of the requested standards, ISA 60079-
26, has been superseded by UL 60079-26, which was also included in FM's 
expansion application. Accordingly, OSHA will add the active standard, 
not the superseded one, and OSHA will grant recognition to 24 standards 
in the final expansion. OSHA did not perform any on-site reviews in 
relation to this application.
    OSHA published the preliminary notice announcing FM's expansion 
application in the Federal Register on May 15, 2018, (83 FR 22523). The 
agency requested comments by May 30, 2018, but it received no comments 
in response to this notice. OSHA is now proceeding with this final 
notice to grant expansion of FM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
FM's application, go to http://www.regulations.gov or contact the 
Docket Office, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW, Room N-3653, 
Washington, DC 20210. Docket No. OSHA-2007-0041 contains all materials 
in the record concerning FM's recognition.

II. Final Decision and Order

    OSHA staff examined FM's expansion application, capability to meet 
the requirements of the test standards, and other pertinent 
information. Based on a review of this evidence, OSHA finds that FM 
meets the requirements of 29 CFR 1910.7 for expansion of recognition, 
subject to the specified limitation and conditions listed below. OSHA, 
therefore, is proceeding with this final notice to grant FM's scope of 
recognition. OSHA limits the expansion of FM's recognition to testing 
and certification of products for demonstration of conformance to the 
test standards listed below in Table 1.

[[Page 49127]]



 Table 1--List of Appropriate Test Standards for Inclusion in FM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 50...........................  Enclosures for Electrical Equipment,
                                   Non-Environmental Considerations.
UL 50E..........................  Enclosures for Electrical Equipment,
                                   Environmental Considerations.
UL 60079-0......................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
ISA 60079-0.....................  Explosive Atmospheres--Part 0:
                                   Equipment--General Requirements.
UL 60079-1......................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
ISA 60079-1.....................  Standard for Explosive Atmospheres--
                                   Part 1: Equipment Protection by
                                   Flameproof Enclosures ``d''.
UL 60079-2......................  Standard for Explosive Atmospheres--
                                   Part 2: Equipment Protection by
                                   Pressurized Enclosure ``p''.
UL 60079-5......................  Standard for Explosive Atmospheres--
                                   Part 5: Equipment Protection by
                                   Powder Filling ``q''.
UL 60079-6......................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection by
                                   Liquid Immersion ``o''.
ISA 60079-6.....................  Standard for Explosive Atmosphere--
                                   Part 6: Equipment Protection by
                                   Liquid Immersion ``o''.
UL 60079-7......................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
ISA 60079-7.....................  Standard for Explosive Atmospheres--
                                   Part 7: Equipment Protection by
                                   Increased Safety ``e''.
UL 60079-11.....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
ISA 60079-11....................  Standard for Explosive Atmospheres--
                                   Part 11: Equipment Protection by
                                   Intrinsic Safety ``i''.
UL 60079-15.....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n''.
ISA 60079-15....................  Standard for Explosive Atmospheres--
                                   Part 15: Equipment Protection by Type
                                   of Protection ``n'' (Edition 4).
UL 60079-18.....................  Standard for Explosive Atmospheres--
                                   Part 18: Equipment Protection by
                                   Encapsulation ``m''.
UL 60079-25.....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
ISA 60079-25 *..................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-26 *...................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-28 *...................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
ISA 60079-28....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation, Edition 1.1.
UL 60079-31 *...................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
ISA 60079-31....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection by Enclosure ``t''.
------------------------------------------------------------------------
* Represents a standard that OSHA proposes to add to the NRTL Program's
  List of Appropriate Test Standards

    In this notice, OSHA also announces the addition of four new test 
standards to the NRTL Program's List of Appropriate Test Standards. 
Table 2, below, lists the test standards that are new to the NRTL 
Program. OSHA has determined that these test standards are appropriate 
test standards and will include them in the NRTL Program's List of 
Appropriate Test Standards.

  Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-25....................  Standard for Explosive Atmospheres--
                                   Part 25: Intrinsically Safe
                                   Electrical Systems.
UL 60079-26.....................  Standard for Explosive Atmospheres--
                                   Part 26: Equipment with Equipment
                                   Protection Level (EPL) Ga.
UL 60079-28.....................  Standard for Explosive Atmospheres--
                                   Part 28: Protection of Equipment and
                                   Transmission Systems Using Optical
                                   Radiation.
UL 60079-31.....................  Standard for Explosive Atmospheres--
                                   Part 31: Equipment Dust Ignition
                                   Protection Enclosure ``t''.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, the use of the designation of the standards developing 
organization for the standard as opposed to the ANSI designation may 
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, 
Appendix C, paragraph XIV), any NRTL recognized for a particular test 
standard may use either the proprietary version of the test standard or 
the ANSI version of that standard. Contact ANSI to determine whether a 
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
FM must abide by the following conditions of the recognition:
    1. FM must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. FM must meet all the terms of recognition and comply with all 
OSHA policies pertaining to this recognition; and
    3. FM must continue to meet the requirements for recognition, 
including all previously published conditions on FM's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of FM, subject to the limitation and conditions 
specified above.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.


[[Page 49128]]


    Signed at Washington, DC, on September 24, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-21159 Filed 9-27-18; 8:45 am]
 BILLING CODE 4510-26-P